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Nashville Personal Injury Claims: What to Do When the Settlement Offered isn’t Sufficient

Edward Gates by Edward Gates
September 26, 2024
Nashville Personal Injury Claims
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The insurance of the liable party may not always be sufficient to cover your losses when you have been hurt by someone else’s carelessness. Many times, accident victims in Nashville are offered lowball settlements that overlook damages including pain and suffering, loss of future income, and continuous medical bills. Should you find yourself in this position, it is vital to know the actions you can take to guarantee you get the compensation you are due without feeling pressured to settle quickly. 

Why You Should Consult a Nashville Personal Injury Lawyer

Renowned for its rich musical legacy, Nashville, Tennessee, also boasts a rising population and active legal scene. When involved in a personal injury claim, you should get advice from the best personal injury lawyers in Nashville.

These professionals, who know state laws like the back of their hands and are experienced in managing cases such as yours, will prove helpful. They can guide you through the convoluted legal system. They can also advocate for just compensation that accurately represents the whole extent of your losses.

Often the first settlement offer you get from an insurance company serves as a basis for negotiation. Although the offer might appear appealing, particularly in light of rising medical expenses or missed income, it’s wise not to accept it. Your attorney will evaluate the offer, calculate the whole value of your claim, and offer guidance on the best line of action.

Steps to Take If the Settlement is Insufficient

If the settlement is not enough, follow these steps.

1. Document Your Losses

Recording all of your losses is among the most crucial things you can do when the settlement offer falls short. Your losses include not only your medical expenses but also the effects the injury has had on:

  • Your capacity to work
  • Any future treatment or rehabilitation you might require
  • Non-financial damages including emotional distress. 

Your case for higher compensation will be stronger the more detailed your documentation is. To document your losses: 

  • Get all of the medical records and injury-related costs.
  • Record lost wages and missed workdays in great detail.
  • Record any long-term emotional or physical effects of the accident.

Having these records will enable your attorney to make a strong, convincing case showing why the current settlement offer is insufficient.

2. Present a Counteroffer

Once your attorney has proof of your losses, they can assist you in making a counteroffer to the insurance company. Supported by the evidence you have gathered; this counteroffer should clearly state the total compensation you are looking for. The counteroffer’s goal is to establish the actual cost of the damage and highlight how inadequate the first offer is for your needs.

Insurance companies may expect victims to accept their first offers, believing the victim is ignorant of the true worth of their claim. Offering a counteroffer demonstrates your understanding of the degree of your losses and your will to defend what is rightly yours.

3. Get Ready to Negotiate

Negotiations are done back and forth. The insurance company can return with a revised settlement after you make a counteroffer. Usually, it might still be less than what you are entitled to. You should be patient and let your attorney do the negotiating. Skilled lawyers know how to use your evidence to get a fair result.

4. Know Your Legal Options

Legal action may be required should the insurance company refuse to offer a reasonable settlement offer. Starting a personal injury lawsuit might force the insurance company to change their position. Although going to court can be frightening, having a seasoned personal injury attorney on your side will help the process remain under control.

Your attorney will present your case in court, offer proof, and fight for the best possible outcome. Many times, the fear of a lawsuit is sufficient to force an insurance company to increase their offer in order to stay out of legal hotbed. Nevertheless, should discussions fail to produce results, pursuing a lawsuit may be the wisest course of action.

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Edward Gates

Edward Gates

Edward “Eddie” Gates is a retired corporate attorney. When Eddie is not contributing to the American Justice System blog, he can be found on the lake fishing, or traveling with Betty, his wife of 20 years.

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